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My son is 14. His grades haven't fallen, they're pretty much the same as always.
He filed to change custody from me having sole physical to him having sole based on residential requirements for my son's school. Sole is not needed for the residential parent and the child only needs to be with the residential parent 50% of the time. The only change to visitation stated on his first motion is "mediation, agreed to by both parties". We had mediation yesterday and he sprang this major change on me then. Our hearing is set for 7/31.
He said it was "suggested by someone" that if my son was with him all school nights maybe his grades would get better. But he doesn't want to give up weekends so his answer is all school nights plus every other weekend there and only every other weekend with me even though I work traditional weekends. My ex thinks I let our son be on the computer gaming too much instead of doing homework, which is not true, and being there will make him do his homework because he's not allowed on the computer there. The only statement he made in his order was wanting to change physical custody for residential reasons.
We are in Monterey county.
Our original order is significantly different than what we have done over the last few years. It was written when our son was three after all. We have been fairly amicable and have been able to make changes verbally as our son has gotten older. Is it reasonable to assume that officially changing the order to the defacto arrangement of the last two years is more likely than this new very different proposal he has made?
Ok. Thank you Mr. Kincaid, you've put my mind at rest for now.
A couple of follow up questions: do you think I should get an attorney and if so do you have any info on legal aid in my area? If I do get an attorney can I make him pay my legal fees since he's the one causing this mess?
What should I have for our hearing on 31st ie paperwork, etc.?
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